Official photo of Commissioner Emily Johnson Piper (Photo: Minnesota Department of Human Services).
The American Civil Liberties Union (ACLU) and the ACLU of Minnesota filed a lawsuit on Thursday in Minnesota State Court challenging the current ban on using covering transition-related surgery expenses for transgender people.
The ACLU, which filed the lawsuit on behalf of Evan Thomas and the LGBT rights group OutFront Minnesota, is suing Emily Johnson Piper in her role as the Commissioner of Minnesota’s Department of Human Services, and demanding that the state repeal the coverage exclusions in both Medical Assistance, the state’s Medicaid program, and MinnesotaCare, the state’s program for lower-income residents without access to employee-sponsored health insurance. The ACLU argues that not only is the current exclusions are both discriminatory against transgender people, and have no basis in medical science.
“For many transgender people, transition-related surgery is a medical necessity and can sometimes be a matter of life and death,” Joshua Block, an attorney with the ACLU’s Lesbian, Gay, Bisexual, and Transgender Project. “Transgender Minnesotans — like everyone else — should be able to receive adequate health care based on medical standards of care.”
Under current Minnesota law, all transition-related surgical care is denied coverage, regardless of whether it is medically necessary for treating a person’s gender dysphoria. However, the same treatments are required to be covered under the federal Medicare program and under all private health insurance plans regulated by the state of Minnesota.
“Every major medical organization has recognized that policies banning coverage for medically necessary transition care have no basis in modern medical science,” Block continued. “Minnesota’s statute is a historical relic based purely on disapproval of transgender people.”
In addition to Medicare, 10 other states and the District of Columbia currently provide coverage for transition-related surgical care through their public health insurance or Medicaid programs.
Thomas, the lead plaintiff in the case, is currently on Medical Assistance and has been diagnosed with gender dysphoria. After fighting depression, Thomas was able to begin hormone therapy and legally changed his name and gender earlier this year. But he is still being denied coverage for medically necessary transition-related surgery.
“A weight was lifted when I first began my gender transition and realized I didn’t have to pretend to be a woman anymore,” Thomas said in a statement. “Being denied surgical treatment is harmful to my health and well-being every day I’m forced to live in this body.”
U.S. Sen. Ruben Gallego (D-Ariz.) is the latest high-profile Democrat to come out in opposition to transgender athletes competing on female-designated sports teams.
In an interview with the right-wing news outlet The Dispatch, Gallego echoed President Donald Trump and a host of Republican lawmakers who have been vocal in their opposition to transgender participation in female-designated sports.
"As a parent of a daughter, I think it's legitimate that parents are worried about the safety of their daughters, and I think it's legitimate for us to be worried also about fair competition," he said.
The U.S. Supreme Court has upheld the constitutionality of the U.S. Preventive Services Task Force, saving free PrEP and other preventive treatments, including screenings for cancer, heart disease, and sexually transmitted infections.
Under the Affordable Care Act (ACA), the task force was tasked with identifying which preventive services insurers could cover without passing additional costs to consumers. As a result, insurers began covering a wide range of screenings and treatments, including mammograms, colonoscopies, cancer screenings, heart disease prevention, STI testing, and mental health evaluations.
The U.S. Senate parliamentarian blocked several provisions in President Donald Trump's proposed tax and budget bill, including a transgender health care ban that would have prohibited federal funds from covering gender-affirming care.
The provision seeks to block transgender people of all ages -- including adults -- from accessing transition-related care by banning Medicaid, ACA marketplace plans, and the Children's Health Insurance Program from covering the cost.
But Senate Parliamentarian Elizabeth MacDonough, who is tasked offering nonpartisan advice to federal lawmakers on Senate rules, declared that the proposed transgender health care ban violates the Byrd Rule, which requires reconciliation bills -- those cobbled together to resolve differences between House and Senate versions -- to only contain provisions that impact the budget or spending, and not any "extraneous" matters.
These are challenging times for news organizations. And yet it’s crucial we stay active and provide vital resources and information to both our local readers and the world. So won’t you please take a moment and consider supporting Metro Weekly with a membership? For as little as $5 a month, you can help ensure Metro Weekly magazine and MetroWeekly.com remain free, viable resources as we provide the best, most diverse, culturally-resonant LGBTQ coverage in both the D.C. region and around the world. Memberships come with exclusive perks and discounts, your own personal digital delivery of each week’s magazine (and an archive), access to our Member's Lounge when it launches this fall, and exclusive members-only items like Metro Weekly Membership Mugs and Tote Bags! Check out all our membership levels here and please join us today!
You must be logged in to post a comment.